Tag Archives: Credit for time served

Case: 000381

Error and/or relief

The parties agree the minute order and abstract of judgment contain clerical errors regarding the imposed enhancements and should be corrected to reflect the trial court’s oral pronouncement of judgment. The court also must determine credit for time served. We agree.

First Holding:

Courts have the inherent power to correct clerical errors, either on their own motion or upon the application of the parties. Courts may correct clerical errors at any time, and appellate courts that have properly assumed jurisdiction of cases have ordered correction of abstracts of judgment that did not accurately reflect the oral judgments of sentencing courts. Where there is a discrepancy between the oral pronouncement of judgment and the minute order or the abstract of judgment, the oral pronouncement controls.

Authority:

People v. Mitchell (2001) 26 Cal.4th 181, 185

People v. Mesa (1975) 14 Cal.3d 466, 471 [a discrepancy between the judgment as orally pronounced and as entered in the minutes is presumably the result of clerical error]

People v. Zackery (2007) 147 Cal.App.4th 380, 385

Second Holding:

When a prison term already in progress is modified as the result of an appellate sentence remand, the sentencing court must recalculate and credit against the modified sentence all actual time the defendant has already served, whether in jail or prison, and whether before or since he was originally committed and delivered to prison custody.

Authority:

People v. Sek (2022) 74 Cal.App.5th 657, 673

Case: 000369

Error and/or relief

The trial court prejudicially erred in failing to conduct a full resentencing. The court erred in its calculation of custody credits, both as to postsentence conduct credits and credits for days in actual custody. The abstract of judgment should be corrected to reflect the oral pronouncement of judgment as to the restitution fines and the victim restitution order.

First Holding:

When a defendant is convicted of an offense, a sentencing court has a duty to render judgment and impose the penalty authorized by law. Judgment is rendered when the trial court orally pronounces sentence. In rendering the judgment, the court must pronounce sentence on each count for which the defendant sustained a conviction. The failure to pronounce a sentence for each conviction results in an unauthorized sentence that can be corrected at any time.

Authority:

PEN 12

People v. Martinez (2015) 240 Cal.App.4th 1006, 1012

People v. Karaman (1992) 4 Cal.4th 335, 344, fn. 9

People v. Codinha (2023) 92 Cal.App.5th 976, 994

People v. Price (1986) 184 Cal.App.3d 1405, 1411, fn. 6

Second Holding:

At the resentencing hearing following our remand in the earlier appeal, the trial court addressed only the errors we identified in our opinion. Our remand order was not so limited. It was for a full resentencing.

Authority:

People v. Smith (1985) 166 Cal.App.3d 1003, 1008, abrogated on another ground by People v. Bullock (1994) 26 Cal.App.4th 985

Third Holding:

The trial court’s statements suggest a fundamental misunderstanding of the effect of our order vacating the defendant’s sentence and remanding for a full sentencing, which was the nullification of the previous sentence. Because the prior sentence no longer existed, the court had to construct an entirely new sentence. By failing to orally pronounce a sentence on the nine counts for which it stayed the sentences at the original sentencing, the court failed to render judgment on all of the defendant’s convictions, resulting in an unauthorized sentence. When the trial court stated it was excluding counts it had previously stayed under section 654, the trial court used the term concurrent in connection with section 654. But where section 654 applies, it precludes any multiple punishment, consecutive or concurrent.

Authority:

People v. Rouse (2016) 245 Cal.App.4th 292, 297

People v. Price (1986) 184 Cal.App.3d 1405, 1411, fn. 6

People v. Codinha (2023) 92 Cal.App.5th 976, 994

People v. Deloza (1998) 18 Cal.4th 585, 594

Fourth Holding:

Generally, when an unauthorized sentence is discovered on appeal, a reviewing court affirms the defendant’s conviction and remands the case for the trial court to pronounce a sentence consistent with the verdict.

Authority:

People v. Taylor (1971) 15 Cal.App.3d 349, 353

Fifth Holding:

Our order for a full resentencing necessarily encompasses calculating the defendant’s custody credits and the appropriate assessments, fines, and restitution awards. When it resentenced the defendant, the trial court was required to credit her with all actual days she had spent in custody up to that time, including time in custody after the original sentencing.

Authority:

PEN 2900.1

People v. Valenzuela (2019) 7 Cal.5th 415, 424-425

People v. Buckhalter (2001) 26 Cal.4th 20, 37

Sixth Holding:

A trial court is required to include all aspects of a judgment in its oral pronouncement. That includes fines and direct victim restitution. The clerk cannot supplement the judgment the court actually pronounced by adding a provision to the minute order and the abstract of judgment. Upon a defendant’s request, the trial court must hold a hearing on the defendant’s ability to pay before imposing ancillary costs, like the court operations assessment (sec. 1465.8(a)(1)) and the court facilities assessment (Gov. Code, sec. 70373).

Authority:

People v. Leon (2020) 8 Cal.5th 831, 855

People v. Zackery (2007) 147 Cal.App.4th 380, 387-388

People v. Rowland (1997) 51 Cal.App.4th 1745, 1751

People v. Kopp (2025) 19 Cal.5th 1

Case: 000337

Error and/or relief

The abstract of judgment should be amended to reflect one additional day.

Holding:

[GARY NOTE: Likely because the error and solution are so obvious, the court did not cite authority in support of its order. But it COULD have cited any of several cases, some of which I have listed below.]

Authority:

People v. Mitchell (2001) 26 Cal.4th 181, 185

People v. Delgado (2008) 43 Cal.4th 1059, 1070

People v. Leon (2020) 8 Cal.5th 831, 855

In re Black (1967) 66 Cal.2d 881, 890

People v. Zackery (2007) 147 Cal.App.4th 380, 385

People v. Farell (2002) 28 Cal.4th 381, 384, fn. 2

People v. Taylor (2004) 119 Cal.App.4th 628

People v. Acosta (1996) 48 Cal.App.4th 411, 428, fn. 8

Case: 000334

Error and/or relief

At the conclusion of the hearing under section 1172.75, the trial court miscalculated the credit for time served, and the abstract of judgment must be amended to reflect the correct credits.

Holding:

The trial court is directed to amend the abstract of judgment to reflect the correct days of custody credit.

Authority:

People v. Taylor (2004) 119 Cal.App.4th 628

People v. Acosta (1996) 48 Cal.App.4th 411, 428, fn. 8

Case: 000316

Error and/or relief

We affirm the order denying resentencing under section 1172.6, but direct the trial court to prepare a corrected abstract of judgment, because the credit for time served was miscalculated.

First Holding:

Both the date of arrest and the sentencing should be included in credit calculations

Authority:

People v. Bravo (1990) 219 Cal.App.3d 729, 735

Second Holding:

The failure to properly calculate custody and conduct credits is a jurisdictional error that may be corrected at any time.

Authority:

People v. Chilleli (2014) 225 Cal.App.4th 581, 591